The following are terms of a legal agreement between you and Chykalophia Group LLC. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations.If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
This statement covers all of the Chykalophia Group websites and any associated content. Please read this statement carefully before accessing any of the Chykalophia Group websites including Chykalophia Graphic Design, Frespiration, and Piotr Krzyzek Live! sites. Your use of the Chykalophia Group websites indicates your agreement to abide by the Terms in effect.
1. INTRODUCTION: Chykalophia Group LLC. (“Chykalphia Group”) a Nevada Corporation, agrees to provide you (the “Client”) with Client Services (defined below), subject to your compliance with the terms and conditions hereafter outlined (the “Terms and Conditions”). Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Chykalophia Group, including all payment terms (collectively, the “Agreement”). In this Agreement, “you” and “your” refers to the Client.Upon engaging Chykalophia Group for Client Services you should have verbally accepted a summary of key provisions of these Terms and Conditions. IF, SUBSEQUENT TO YOUR VERBAL ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY CHYKALOPHIA GROUP WITHIN FIVE (5) DAYS OF YOUR ORDER AND THE CLIENT SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. PROVIDED, HOWEVER, THAT YOU SHALL BE RESPONSIBLE FOR COSTS OF ALL CLIENT SERVICES PROVIDED UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY CYKALOPHIA GROUP OF CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Client Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another client.
2. TERM, PAYMENT, & MODIFICATION: The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing: 60 days for advertising services, 15 days for design services, 30 days for hosting services, and 30 days for social marketing services. Following the initial contract term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 30-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.Client agrees to pay to Chykalophia Group all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes, within 7 days of such charges becoming due and in accordance with the billing terms in effect at the time the fee becomes payable. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one-time payment depending on the Client Service selected by Client) is nonrefundable as it is applied to costs immediately incurred by Chykalophia Group in initiating services.
Client understands and agrees that the monthly Client Services are billed one month in advance. In addition, if Client has elected to pay Chykalophia Group by credit card, Advertiser agrees to authorize Chykalophia Group to charge its credit card in advance for such payments and for any amounts owed under this Agreement. All non-monthly payments are due at the time of invoice, with a seven (7) day grace period (from invoice date).
In the event you choose to terminate services prior to completion of the contract term, Client agrees to pay an early termination fee equal to the greater of 50% of any remaining amount to be paid or one (1) full month’s fee. If Chykalophia Group is unable to collect owed amounts from Client, Client shall pay to Chykalophia Group an insufficient funds fee equal to the greater of $50 or 7% of the total amount due, and Client will be subject to a late payment charge equal to the greater of 2% per week accruing from the invoice date or the maximum amount allowed by applicable law. In the event collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.
You understand that Chykalophia Group may modify its standard terms and conditions and service offerings from time to time and that Chykalophia Group reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing. Clients are encouraged to enter long-term contracts to fix pricing, terms and conditions. If you are in a month-to-month contract, you agree to be bound by any changes Chykalophia Group may reasonably make to its pricing, terms and conditions when such changes are made.
3. FEES FOR Chykalophia Group CLIENT SERVICES: Fees shall be as set forth in the cost/budget schedule (as amended from time to time also in the form of a cost/budget schedule).
4. METHOD OF PAYMENT: Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Chykalophia Group that Chykalophia Group can bill for all contracted Client Services.
5. SERVICES PROVIDED: Client Services are the process by which Chykalophia Group will create your design, website and market your site or service through various means, online media, offline ads, etc. (the “Client Services”) Though Chykalophia Group cannot guarantee specific results from online and offline advertising, we proactively seek to provide high quality online marketing services that maximize our clients’ return on advertising spending. Chykalophia Group does not employ tactics deemed to be unacceptable by major search engines. Clients should understand that clicks to your site, including clicks on the search engines, shopping engines, content sites, etc. may include certain misspellings, singular/plural combinations, and other related search terms that Chykalophia Group maps to your advertising campaigns. However, misspellings are becoming less common with new auto complete search engine technology. All keyword campaigns will include key terms, titles, descriptions selected specifically with the intent to optimize return on advertising spend.
You are responsible for the quality and accuracy of your website and its landing page(s), or redirect websites that link to your advertisements unless otherwise noted in the service and proposal agreements.
6. ACCESS: You are authorized to access Chykalophia Group-owned, operated or hosted websites that require log in or account information solely to manage your account(s). You agree that you will not use the site or any content therein for any other purpose and that you will not disseminate or distribute any of this information. Your right to access your account with Chykalophia Group is personal to you and non-assignable and is subject to any limits established by Chykalophia Group. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with Chykalophia Group or to monitor or copy Chykalophia Group’s website or the content contained therein, except those automated means expressly made available by Chykalophia Group.
7. LATENCY: Client understands that, any information or data provided by Client to Chykalophia Group may not be processed on a real-time basis and may be subject to the latency of the Internet, the Chykalophia Group systems and network of third-party partners and search engines, real world time differences and real world delays.
8. OWNERSHIP OF NON-CLIENT PROPERTY. Title and full ownership rights in and to the Client Services, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Chykalophia Group’s operation of the Chykalophia Group network and website(s) (collectively, the “Chykalophia Group Materials”), shall remain at all times solely with Chykalophia Group and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired any ownership interest in the Chykalophia Group Materials and will not acquire any ownership interest in the Chykalophia Group Materials by reason of this Agreement.
9. YOUR SITE: You hereby acknowledge that Chykalophia Group is not responsible for the maintenance of your website(s) nor is Chykalophia Group responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Chykalophia Group owned or licensed content, including but not limited to, any Chykalophia Group search listings, except pursuant to a separate signed affiliate agreement with Chykalophia Group.